Oklahoma Supreme Court
Encyclopedia
The Supreme Court of Oklahoma is one of the two highest judicial bodies
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...

 in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...

 of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...

 and leads the Oklahoma Court System
Oklahoma Court System
The Oklahoma Court System is the judicial system for the US State of Oklahoma. Based in Oklahoma City, the court system is a unified state court system that functions under the Chief Justice of Oklahoma who is its administrator-in-chief....

, the judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...

 branch
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

 of the government of Oklahoma
Government of Oklahoma
The government of the US State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the Federal government of the United States. The state government has three branches: the executive, legislative, and judicial...

.

The Oklahoma Supreme Court meets in the Oklahoma Capitol Building in Oklahoma City, Oklahoma
Oklahoma City, Oklahoma
Oklahoma City is the capital and the largest city in the state of Oklahoma. The county seat of Oklahoma County, the city ranks 31st among United States cities in population. The city's population, from the 2010 census, was 579,999, with a metro-area population of 1,252,987 . In 2010, the Oklahoma...

.

Composition

The court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....

 consists of the Chief Justice of Oklahoma, a Vice-Chief Justice, and seven Associate Justices, who are nominated by the Oklahoma Judicial Nominating Commission and are appointed by the Governor
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...

. After appointment, the justices serve until the next general state election. At that time, they must face a retention election. If retained, they begin a six-year term. After their first term, justices must file for direct election from the people of Oklahoma to retain their position.

Unlike the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

, the Oklahoma Constitution
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...

 specifies the size of the Supreme Court. However, the legislature maintains the power to fix the number of justices. According to Article VII, section 2 of the Oklahoma Constitution, the Supreme Court shall consist of nine justices, one justice from each of the nine judicial districts of the State.

Qualification, nomination, appointment and tenure of justices

Each justice, at the time of his or her election or appointment, must be at least thirty years old, a registered voter in the Supreme Court judicial district they represent for at least one year before filing for the position, and a licensed practicing attorney or judge (or both) in Oklahoma for five years before appointment. The potential justice must maintain certification as an attorney or judge during his or her tenure in office in order to main their position.

Potential justices who meet these requirements must submit their names to the Oklahoma Judicial Nominating Commission
Oklahoma Judicial Nominating Commission
The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for state appellate courts.-History:...

 (JNC) to verify that they will serve if appointed. In the event of a vacancy on the Supreme Court, after reviewing potential justices, the JNC shall submit three names to the Governor
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...

, of whom the governor appoints one to the Supreme Court to serve until the next general state election. However, if the governor fails to appoint a justice within sixty days, the Chief Justice of Oklahoma may appoint one of the nominees, who must certify their appointment to Secretary of State of Oklahoma
Secretary of State of Oklahoma
The Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma and a member of the Oklahoma Governor's Cabinet. The Secretary of State is only appointed constitutional member of the executive branch of the Oklahoma state government...

.

Each time a Justice of the Supreme Court is elected to retain his or her position in the general state elections, he or she continues to serve for another six years in office with a term beginning on the second Monday in January following the general election. Justices appointed to fill vacancies take office immediately and continue to serve in their appointed posts until the next general election. To be eligible to stand for reelection, justices must, within sixty days before the general election, submit their desire to stand for reelection to the Secretary of State.

The justice is then put to election by the people of Oklahoma. If the majority votes to maintain the justice, the justice will serve for another six-year term. However, if the justice declines reelection or the voters vote the justice down, the seat on the Supreme Court shall be considered vacant at the end of the current term and the Judicial Nominating Committee must search for a potential replacement. Justices who have failed to file for reelection or were not retained by the people in the general election are not eligible to immediately succeed themselves.

Retention in office may be sought for successive terms without limit as to number of years or terms served in office.

Jurisdiction and powers

Section 4 of Article VII of the Oklahoma Constitution outlines the jurisdiction of the Supreme Court of Oklahoma. The appellate jurisdiction
Appellate jurisdiction
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...

 of the Supreme Court is co-extensive with that of the state's borders. The Court's jurisdiction applies to all cases "at law and in equity," except criminal cases, in which the Court of Criminal Appeals has exclusive appellate jurisdiction. If in any event there is any conflict in determining which court has jurisdiction, the Supreme Court is granted the power to determine which court has jurisdiction, with no appeal from the Court’s determination.

Along with Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

, Oklahoma is one of two states to have two courts of last resort; the Oklahoma Supreme Court decides only civil cases, and the Oklahoma Court of Criminal Appeals decides criminal cases. The Oklahoma Supreme Court has only immediate jurisdiction with respect to new first-impression issues, important legal issues, and cases of great public interest. In addition to appeals from the trial courts, the Oklahoma Supreme Court has jurisdiction over all lower courts, excluding the Oklahoma Court on the Judiciary
Oklahoma Court on the Judiciary
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction over hearing cases involving the removal of any judge of any court, excluding the Oklahoma Supreme Court, exercising judicial power under the Oklahoma...

, and the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....

, when that body is sitting as a Court of Impeachment. Judgments of the Oklahoma Supreme Court with respect to the Oklahoma Constitution
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...

 are considered final.

This authority includes the power to temporarily assign any judge to a court other than that for which he was selected. The Supreme Court also maintains the power to appoint an administrative director and staff. This director serves at the pleasure of the Court to assist the Chief Justice in his administrative duties and to assist the Court on the Judiciary when the Court on the Judiciary calls upon the office’s administrative powers.

The Supreme Court has power to issue, hear and determine writs of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

, mandamus
Mandamus
A writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...

, quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...

, certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...

, prohibition
Prohibition (writ)
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. In practice, the Court directs the Clerk to issue the Writ, and directs the Sheriff to serve it on the subordinate, and the Clerk prepares the Writ and gives it to the Sheriff, who serves it.This...

 and such other remedial writs as may be provided by law and may exercise such other and further jurisdiction as may be conferred by statute. Any justice on the Court make issue the writ of habeas corpus to any person held in custody upon petition by or on behalf of that person. Such writs can be made to appear before the justice who wrote it, the Oklahoma Supreme Court (or other Appellate Courts), any District Court, or any judge in the State.
Aside from hearing cases, the Supreme Court is also responsible for administering the state's entire judicial system, establishing rules of operation for all other courts in the state. The Supreme Court formulates the rules for the practice of law, which govern the conduct of all attorneys, and it administers discipline in appropriate cases. Additionally, many of the justices make personal appearances to speak to members of the bar, civic clubs, and educational groups. These appearances are made to help citizens understand the Court's workings and decision-making process. Justices are also called upon to administer official oaths of office to public officials.

Ethics Restrictions

Judicial officers are charged with maintaining the integrity and independence of the judiciary. All justices and judges are required to be nonpartisan
Nonpartisan
In political science, nonpartisan denotes an election, event, organization or person in which there is no formally declared association with a political party affiliation....

 and are forbidden from using their office or powers to promote or assist any private interest. To maintain their non-partisanship, justices and judges may not hold offices in political parties; make speeches for candidates; or make, directly or indirectly, contributions to campaigns of any candidate for any elected or appointed office.

Justices and judges are also forbidden from campaigning for their own reelection unless there is an active opposition to their retention of office. Even if a justices or judges are actively campaigning for retention, they can not personally raise funds for their campaign.

Current membership

The Justices of the Oklahoma Supreme Court are:
Justice District Appointed Governor Law School Birth City
Chief Justice Steven Taylor
Steven W. Taylor
Steven W. Taylor, , is the Chief Justice of the Oklahoma Supreme Court.-Early life:Steven Taylor was born in Henryetta, Oklahoma. During his high school years at McAlester High School in McAlester, Oklahoma, he served as a student body president and as member of the speech and debate team, and the...

 
2nd 2004 Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...

 
University of Oklahoma
University of Oklahoma
The University of Oklahoma is a coeducational public research university located in Norman, Oklahoma. Founded in 1890, it existed in Oklahoma Territory near Indian Territory for 17 years before the two became the state of Oklahoma. the university had 29,931 students enrolled, most located at its...

 
Henyretta, OK
Henryetta, Oklahoma
Henryetta is a city in Okmulgee County, Oklahoma, United States. The population was 6,096 at the 2000 census.Henryetta is notable as the high school hometown of NFL Hall of Fame quarterback Troy Aikman...

Vice-Chief Justice Tom Colbert
Tom Colbert
Tom Colbert is a Justice on the Oklahoma Supreme Court. He was appointed to the Court's 6 seat in 2004, by Governor Brad Henry and is the first African-American to serve on the court....

 
6th 2004 Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...

 
University of Oklahoma
University of Oklahoma
The University of Oklahoma is a coeducational public research university located in Norman, Oklahoma. Founded in 1890, it existed in Oklahoma Territory near Indian Territory for 17 years before the two became the state of Oklahoma. the university had 29,931 students enrolled, most located at its...

 
Oklahoma City, OK
Oklahoma city
Oklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial...

Yvonne Kauger
Yvonne Kauger
Yvonne Kauger , She is currently a Justice on the Oklahoma Supreme Court, and was appointed to the Court's District 4 seat by Governor George Nigh in 1984, and served as Chief Justice from 1997 to 1998...

 
4th 1984 George Nigh
George Nigh
George Patterson Nigh , is a popular civic leader in the U.S. state of Oklahoma. Nigh served as the 17th and the 22nd Governor of Oklahoma. He was the first Oklahoma Governor to be re-elected and the first to win all 77 counties in the state...

 
Oklahoma City University
Oklahoma City University
Oklahoma City University, often referred to as OCU, is a coeducational, urban, private university historically affiliated with the United Methodist Church...

 
Colony, OK
Colony, Oklahoma
Colony is a town in Washita County, Oklahoma, United States. The population was 147 at the 2000 census.-Geography:Colony is located at in Seger Township , Washita County, Oklahoma....

Joseph Watt
Joseph M. Watt
Joseph M. Watt , is currently a justice on the Oklahoma Supreme Court, assuming that post in 1992, and was retained by the voters in 1994, 1996, and 2002. From 2003 to 2007, he served two terms as chief justice...

 
9th 1992 David Walters
David Walters
David Lee Walters was the 24th Governor of Oklahoma from 1991 to 1995.-Biography:Walters was born near Canute, Oklahoma. He graduated as valedictorian from Canute High School in 1969. He later graduated from University of Oklahoma in 1973 with a bachelor’s degree in industrial engineering...

 
University of Texas  Austin, Texas
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...

James Winchester
James R. Winchester
James Winchester is an American lawyer and judge who is current serving as Justice on the Oklahoma Supreme Court.-Early life:Born in Clinton, Oklahoma in 1953, Winchester received his Bachelor of Arts from the University of Oklahoma and his Juris Doctor from Oklahoma City University...

 
5th 2000 Frank Keating
Frank Keating
Francis Anthony "Frank" Keating is an American politician from Oklahoma. Keating served as the 25th Governor of Oklahoma. His first term began in 1995 and ended in 1999...

 
Oklahoma City University
Oklahoma City University
Oklahoma City University, often referred to as OCU, is a coeducational, urban, private university historically affiliated with the United Methodist Church...

 
Clinton, OK
Clinton, Oklahoma
Clinton is a city in Custer and Washita counties in the U.S. state of Oklahoma. The population was 9,033 at the 2010 census.-History:The community began in 1899 when two men, J.L. Avant and E.E...

James Edmondson
James E. Edmondson
James E. Edmondson , is currently the Chief Justice on the Oklahoma Supreme Court. He was elected to this position by the other eight members of the Supreme Court in 2009 after he was appointed to the Court's District 7 seat by Governor Brad Henry in 2003.James Edmondson was born in Kansas City,...

 
7th 2003 Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...

 
Georgetown University
Georgetown University
Georgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...

 
Kansas City, MO
John Reif
John F. Reif
John F. Reif is a justice on the Oklahoma Supreme Court. He was appointed by Governor of Oklahoma Brad Henry on October 22, 2007, filling a vacancy created by the retirement of former Justice Robert E. Lavender....

 
1st 2007 Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...

 
University of Tulsa
University of Tulsa
The University of Tulsa is a private university awarding bachelor's, master's, and doctoral degrees located in Tulsa, Oklahoma, USA. It is currently ranked 75th among doctoral degree granting universities in the nation by US News and World Report and is listed as one of the "Best 366 Colleges" by...

 
Skiatook, OK
Skiatook, Oklahoma
Skiatook is a town in Osage and Tulsa counties in the U.S. state of Oklahoma. Located in the northeastern part of the state, it is a suburb of Tulsa. The population was 7,397 in the 2010 census, compared to 5,396 at the 2000 census.-History:William C...

Doug Combs
Doug Combs
Douglas L. "Doug" Combs is an American lawyer and judge from Oklahoma. He was appointed by Governor of Oklahoma Brad Henry to the Oklahoma Supreme Court. His appointment took effect January 1, 2011, filling a vacancy created by the retirement of Justice Rudolph Hargrave.-Judicial career:Justice...

 
8th 2010 Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...

 
Oklahoma City University
Oklahoma City University
Oklahoma City University, often referred to as OCU, is a coeducational, urban, private university historically affiliated with the United Methodist Church...

 
Shawnee, OK
Shawnee, Oklahoma
Shawnee is a city in Pottawatomie County, Oklahoma, United States. The population was 29,857 at the 2010 census. The city is part of the Oklahoma City-Shawnee Combined Statistical Area; it is also the county seat of Pottawatomie County and the principal city of the Shawnee Micropolitan Statistical...

Noma Gurich
Noma Gurich
Noma D. Gurich is an American attorney and judge who is currently serving as a Justice on the Oklahoma Supreme Court. Gurich was appointed the State's highest court by Governor of Oklahoma Brad Henry in 2010 and assumed office on February 15, 2011. Gurich was appointed to the Court following the...

 
3rd 2011 Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...

 
University of Oklahoma
University of Oklahoma
The University of Oklahoma is a coeducational public research university located in Norman, Oklahoma. Founded in 1890, it existed in Oklahoma Territory near Indian Territory for 17 years before the two became the state of Oklahoma. the university had 29,931 students enrolled, most located at its...

 
South Bend, IN

List of former justices

  • Robert L. Williams
    Robert L. Williams
    Robert Lee Williams was an American lawyer, judge, and politician who served as the third Governor of Oklahoma. Williams would also play a role in the drafting of the Oklahoma Constitution...

    , (1907-1914), first Chief Justice and third Governor of Oklahoma
    Governor of Oklahoma
    The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...

  • Charles M. Thacker, (1915-1918)
  • James B. Cullison, (1928-1934)
  • Charles Swindall
    Charles Swindall
    Charles Swindall was a U.S. Representative from Oklahoma.-Early life:Born at College Mound, near Terrell, Texas, Swindall attended the public schools and Vanderbilt University, Nashville, Tennessee....

    , 1929-1934
  • William A. Berry, (1958-1978)
  • Ralph B. Hodges
    Ralph B. Hodges
    Ralph B. Hodges served as Chief Justice of the Oklahoma Supreme Court from 1977 - 1978 and 1993 - 1994. Hodges was appointed to the Oklahoma Supreme Court by Governor Henry Bellmon on April 19, 1965 and served until his retirement from the Court in 2004....

    , (1965-2004)
  • Robert D. Simms, (1972-1999)
  • Alma Wilson, (1982-1999)
  • Hardy Summers, (1985-2003)
  • Daniel Boudreau, (1999-2004)
  • O. A. Cargill
    O. A. Cargill
    O. A. Cargill was a very prominent lawyer, author and buffalo rancher during Oklahoma's early days. After law school he was active in politics, having been elected mayor of Oklahoma City and also serving as Special Chief Justice of the Oklahoma Supreme Court....

    , (?-?)
  • Robert E. Lavender
    Robert E. Lavender
    Robert E. Lavender is a former Justice on the Oklahoma Supreme Court, and was appointed to the Court's District 1 seat by Governor Henry Bellmon in 1966, and was retained by the voters later that year and subsequently in 1972, 1978, 1984, 1990, 1996, and 2002...

    , (1966-2007)
  • Marian P. Opala
    Marian P. Opala
    Marian Peter Opala was a Polish-American lawyer and jurist who served as a Justice of the Oklahoma Supreme Court for thirty-two years. Opala was appointed to the State's highest court in 1978 by Governor of Oklahoma David L. Boren...

    , (1978-2010)
  • Rudolph Hargrave
    Rudolph Hargrave
    Rudolph Hargrave served as a Justice on the Oklahoma Supreme Court from 1978 until his retirement on December 31, 2010....

    , (1978-2010)

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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